Anil Yadav vs Mining Department
2021 Latest Caselaw 1138 MP

1                                                             WP No.3047/2021

            HIGH COURT OF MADHYA PRADESH
                          WP No.3047/2021
                 Anil Yadav Vs. State of MP & Ors.

Indore, Dated:26.03.2021

      Shri. Shekhar Sharma, learned counsel for petitioner.

      Ms.Archana Kher, learned Dy.AG for respondents/State.

In furtherance of previous order dated 17/3/2021, Shri Sharma pressed his interim relief. It is pointed out that this Court granted seven days time as of last chance to file reply failing which interim prayer will be considered without reply.

Ms.Archana Kher, learned Dy.AG undertakes to file reply positively in the next week.

In view of previous order, heard on interim relief.

Shri Sharma, learned counsel for petitioner submits that impugned order dated 21/12/2020 (Annexure P/5) is passed without putting the petitioner to a proper notice. The notice dated 4/12/2020 (Annexure P/3) was criticised by contending that neither nature of specific allegations are spelled out/mentioned nor the report on the strength of which notice was issued is supplied. Thus, this show cause notice is not a notice worth the name. Reliance is placed on the judgment of Supreme Court in Gorkha Security Services Vs. Government (NCT of Delhi) & Ors. (2014) 9 SCC

105. Shri Sharma submits that the petitioner is ready to pay surety of equal amount of value of his machine and vehicles. If surety of same amount is paid, the vehicle and machines may be given to the petitioner's to enable him to earn his livelihood.

The prayer is opposed by learned counsel for State.

As an interim measure and subject to hearing the other side after reply, it is directed that if the petitioner deposits surety of said

amount before the Addl. Collector, Indore, the interim custody of vehicle and machine be given to the petitioner. Petitioner shall produce the said vehicle as and when required by learned Addl. Collector. Petitioner will not sell the said vehicle and machine without the leave of this Court.

List this matter in the week commencing 5/4/2021.

  (SUJOY PAUL)                        (SHAILENDRA SHUKLA)
       Judge                                  Judge

  vm

Digitally signed by
VARGHESE MATHEW
Date: 2021.03.26
22:01:01 -07'00'